GIFFORD v. OTIS

No. 06-P-1041.

70 Mass. App. Ct. 211 (2007)

JOHN GIFFORD & another v. JOHN G. OTIS, trustee, & others.

Appeals Court of Massachusetts, Suffolk.

September 24, 2007.


Attorney(s) appearing for the Case

Frederick L. Trilling for the plaintiffs.

James P. Mitchell for the defendants.

Present: TRAINOR, DREBEN, & KATZMANN, JJ.


KATZMANN, J.

In this appeal, we consider the statutory land registration scheme and the effect of a failure to perfect certificate of title on a claim of prescriptive easement rights.

On October 3, 2005, the plaintiffs, John and Debra F. Gifford, filed a verified complaint in the Land Court seeking to establish a prescriptive easement over a portion of land owned by the defendants, trustees of the Mermaid...

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